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1. SCOPE OF APPLICATION
Tuloh International Limited
Accelerator, 35 Kingsland Road, London E2 8AA, United Kingdom
Company Registration number 13673728
(“Tuloh International”, “we”, “us”, and “our”)offers comprehensive personnel services, specializing in placing qualified specialists and managers on behalf of client companies (hereinafter referred toas the “Client”). The formation of contracts between Tuloh International and the Client is contingent upon the written acceptance of an offer by the Client. Tuloh International retains the right to reject orders without specifying reasons.
These terms and conditions are applicable to all orders throughout the duration of the business relationship between the Client and Tuloh International. Any deviations from these terms and conditions must be agreed upon in writing. Changes to these terms become legally binding for all current and future business relationships of the client with Tuloh International at the beginning of the month following relevant information to the client, unless a written objection is received within 14 days.
2. SERVICESOF TULOH INTERNATIONAL
Tuloh International’s core services involve supporting the Client in filling specialist and executive positions (“Candidates”) by recruiting suitable candidates aligned with jointly determined requirement profiles. Tuloh International presents selected candidate profiles, providing information on salary expectations, time availability, and offering subjective assessments. It is essential to note that Tuloh International does not assume responsibility for the accuracy of the information provided in candidate profiles.
3. SERVICESAND/OR OBLIGATIONS OF THE CLIENT
The Client is obligated to furnish Tuloh International with all pertinent information and documents required for the successful filling of vacancies. This includes information that Tuloh International is permitted to disclose to candidates during the recruitment process, such as job descriptions, salary budgets, and employer profiles. The Client is required to inform Tuloh International of any information that should not be disclosed under any circumstances. It is the Client’s responsibility to provide qualified feedback on proposed candidate profiles within 3 working days.
Furthermore, the Client is responsible for the final screening of candidates, including checking references, certificates, and other qualifications. If the Client is already aware of a candidate presented by Tuloh International, immediate notification is required, and Tuloh International will not provide further services for that candidate without explicit Client request. Notification of filled or canceled vacancies through other sources is also mandatory within 3 business days.
The Client ensures that its employees, serving as contact persons for Tuloh International, are informed about Tuloh International’s privacy policy and agree to the processing of their personal data for contractual purposes. The Client indemnifies and holds Tuloh International harmless in this regard.
4. CONFIDENTIALITY
Tuloh International adheres to the Federal Data Protection Act and contractual obligations to maintain data confidentiality. Client-related data and information will not be disclosed unless necessary and agreed upon to fulfill the order. The Client commits to treating candidate profiles provided by Tuloh International with utmost confidentiality, refraining from passing them on or making them accessible to third parties or non-involved employees.
Direct contact with candidates and their references is permissible only after prior approval from Tuloh International. The Client indemnifies Tuloh International against any claims or demands by candidates or third parties arising from breaches of data protection regulations by the Client.
5. FEES
In the event of a successful placement of a candidate introduced by Tuloh International, the Client commits to paying the agreed fee plus statutory VAT. This fee becomes due as soon as a candidate is employed within 12 months of being introduced by Tuloh International. The fee claim remains valid even if the contract between the Client and Tuloh International is terminated. The fee applies similarly ifa service or employment contract is concluded for a position other than the one initially commissioned.
The Client covers travel costs incurred by candidates during the placement. The Client is responsible for informing Tuloh International of applicable travel expenses agreements at the commencement of the collaboration. In case another recruitment agency proposes the same candidate to the Client as Tuloh International, the fee will be granted to the service provider who first approached the candidate.
6. INVOICING
The Client will receive fee invoices from Tuloh International for services provided per assignment, with possible multiple invoices based on chronologically spaced due dates. Each invoice constitutes a clear and earnest request for payment. All payment obligations must be settled within 7 days. Default occurs after 7 days, without further reminders.
In case of objections regarding the correctness and amount of invoiced claims, the Client must submit objections in writing within one week of the invoice date; otherwise, the invoice is considered accepted.
7. LIMITATIONOF LIABILITY; EXCLUSION OF WARRANTY
Both parties are liable solely for intent and gross negligence committed by their respective employees. Tuloh International disclaims any liability and/or warranty for the legal or actual feasibility of a candidate working for the Client, including notice periods or non-competition clauses from previous employment relationships.
8. FINALPROVISIONS
These Terms and Conditions are subject to the law of England and Wales. The place of jurisdiction for all disputes arising from this contractual relationship is London. The invalidity of any provision does not affect the validity of the remaining provisions. Subsidiary agreements, amendments, and supplements must be in writing for validity.
1. COMPLETENESS,AUTHENTICITY, TRUTHFUL INFORMATION
Applicants declare that all information provided in their application documents, photos, or other data (“application documents”) is true and complete. They grant Tuloh International the right to use submitted works for comprehensive and worldwide use.
2. ORDER FOR FREE PLACEMENT WITH AN EMPLOYER
Tuloh International’s services are offered free of charge to applicants. Applicants have the freedom to decide whether to enter into an employment contract, with contract negotiations solely their responsibility.
3. NOT A PARTY TO THE EMPLOYMENT CONTRACT
Tuloh International does not become a party to employment contracts concluded between applicants and employers. The conclusion of an employment contract is the sole responsibility of the respective parties to the contract (applicant and prospective employer). Tuloh International disclaims liability in connection with the conclusion of the employment contract between the applicant and the future employer.
4. DATA PROTECTION
Tuloh International emphasizes data protection and treats all information related to the recruitment process, especially application documents, confidentially. Information is processed in accordance with applicable data protection laws. Applicants instruct Tuloh International to process and store personal data for the duration of the contractual relationship.
5. GRANTING OF COPYRIGHTS TO APPLICATION DOCUMENTS AND PHOTOS
The creation of application documents results in copyrights, ancillary copyrights, personal rights, or other rights. Applicants grant Tuloh International a free, non-exclusive, transferable right of use to all submitted works for comprehensive and worldwide use.
6. REFERENCE INFORMATION
Applicants instruct Tuloh International to obtain references from former or current employers as necessary. Applicants further authorize Tuloh International to grant this right to prospective employers.
7. TRANSFER OF PERSONAL DATA TO POTENTIAL EMPLOYERS
Applicants instruct Tuloh International to transfer personal data to potential employers for assessment and evaluation purposes. The transfer or disclosure occurs only after Tuloh International has made a pre-selection and checked fundamental suitability for the vacant position.
8. TRANSFERS BY EMPLOYERS TO THE RECRUITER
After the conclusion of an employment contract with a new employer, applicants instruct Tuloh International to request all necessary data and documents from the new employer for invoicing purposes. This includes the date of contract conclusion or termination, annual income, employment contracts, wage and salary statements, etc. Applicants expressly release their new employer from confidentiality or other contractual or statutory obligations of secrecy and data protection concerning the required data.
If no employment contract is concluded with a proposed employer, applicants allow the employer to inform Tuloh International of the non-occurrence and reasons. Applicants also allow Tuloh International to request employers to destroy application documents for data protection reasons or hand them over to the applicant or Tuloh International.
9. TERM OF CONTRACT AND TERMINATION
The contract is concluded for an indefinite period and may be terminated by either party at anytime without notice. Termination does not affect granted copyrights. Tuloh International will delete all data in its system upon notice of termination.
10. FINALPROVISIONS
If applicants are residents in the UK or a third country at the time of contract conclusion, the law of England and Wales exclusively applies to this contract between Tuloh International and applicants. The place of jurisdiction for all disputes arising from this contractual relationship is London. Verbal subsidiary agreements are not recognized; ancillary agreements require written confirmation by both contracting parties for validity. If clauses of this contract do not become part of the contract in whole or in part or are ineffective, the rest of the contract shall remain effective. Provisions not part of the contract or invalid are governed by statutory provisions. The contract is invalid if adherence constitutes an unreasonable hardship for one of the contracting parties, even considering statutory provisions.